In re Implementation of L. 2018, C.16 dealt with the New Jersey Legislature’s creation of Zero Emission Certificates that were designed to “subsidize nuclear power plants at risk of closure, helping them to remain operational despite competition from other carbon-emitting power sources, in the interest of New Jersey’s clean energy goals.” The Board of Public Utilities granted certificates to the Hope Creek nuclear power plant in Salem County, and the New Jersey Division of Rate Counsel appealed. The New Jersey Appellate Division affirmed, holding that the record adequately supported the Board’s decision.
